U.S. PATENT OFFICE LAUCHES AUTOMATED SEARCH PILOT PROGRAM
Last month the U.S. Patent Office (USPTO) launched its Automated Search Pilot Program. The program implements an internal USPTO Artificial Intelligence (AI) tool that uses the application’s classification and the specification, including the claims and abstract, as contextual information to search in publicly-available documents. Applicants that petition to participate in the program (under 37 CFR 1.182 with accompanying fee of $450 for large entities, $180 for small, and $90 for micro entity) will receive an Automated Search Results Notice (ASRN) of potential prior art ranked by relevance. The ASRN is to be sent before any examination of the application by a human Examiner and is intended to “inform a decision on how to proceed with the application … [f]or example, the applicant may file a preliminary amendment under 37 CFR 1.115.”
Alternatively, if major prior art issues are identified, the Applicant may submit a petition for express abandonment (under 37 CFR 1.138(d)) and seek a refund of the search fee and any excess claims fees; or a request for deferral of examination (under 37 CFR 1.103(d)). The pilot program is intended to run until April 20, 2026, or until the date that each Technology Center (TC) that examines utility applications has docketed at least 200 applications into the program – whichever occurs first. More information can be found here.
COMMERCIAL AI PATENT SEARCH TOOLS ARE NOW AVAILABLE
While numerous free AI tools are available (e.g., ChatGPT, Microsoft Copilot, Google Gemini, etc.), they are not necessarily designed or useful for patent searching needs. However, as “agentic” AI systems (i.e., independently and proactively functioning, iterative multi-query systems) advance, they open patent searching techniques beyond the traditional keyword and Boolean searches. For example, Perplexity has announced “Perplexity Patents” to enable AI-powered natural language searching for patents (e.g., “Are there any patents on laser printing?”). According to Perplexity, the tool will be free while in beta testing.
USPTO REMAINS OPEN AND OPERATIONAL DURING GOVERNMENT SHUTDOWN
As of the time of this posting, USPTO remains open and fully operational by utilizing reserves from the prior year’s fee collections.
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